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Which group of potential consultees does the text of Article 124(2) of the Constitution of India identify for the President when appointing the Chief Justice of India?

Question and options

Which group of potential consultees does the text of Article 124(2) of the Constitution of India identify for the President when appointing the Chief Justice of India?

  1. The Council of Ministers and all the Judges of the Supreme Court

  2. The Prime Minister, the Law Minister, and the Attorney-General for India

  3. Such of the Cabinet Ministers and the Prime Minister as he deems necessary

  4. Such of the Judges of the Supreme Court and of the High Courts as he deems necessary

Answer and explanation

Correct answer: D - Such of the Judges of the Supreme Court and of the High Courts as he deems necessary

Article 124(2) identifies judges of the Supreme Court and of the High Courts in the States as the potential judicial consultees. The proviso requiring consultation with the Chief Justice of India applies when another Supreme Court judge is appointed. In practice, the Government seeks the outgoing Chief Justice's recommendation, and the senior-most Supreme Court judge considered fit is ordinarily appointed.

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